California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 4 - Forest Practices
Subchapter 5 - Northern Forest District Rules
Article 12 - Archaeological and Historical Resource Protection
Section 949.2 - Protection Measures for Plans and Emergency Notices 3 Acres and Larger

Universal Citation: 14 CA Code of Regs 949.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a)

(1) The RPF shall describe in the separate CAA or CAL, measures to be taken to mitigate or avoid Substantial Adverse Change to any known Significant Archaeological or Historical Sites.

(2) The RPF may propose, and the Director may agree to, site specific protection measures for any identified archaeological or historical site without evaluating the significance of the site. These proposed protection measures shall be designed to ensure protection of such archaeological and historical sites from Damaging Effects. Avoidance of activities which will cause Damaging Effects is a preferred protection measure.

(b) The RPF or Supervised Designee familiar with on-site conditions shall meet with the LTO prior to the start of Timber Operations at each archaeological or historical site that is described in the Plan or notice that requires avoidance or other protection measures and do the following:

(1) show the LTO the location, extent and boundaries of each archaeological or historical site requiring protection,

(2) discuss with the LTO the protection measures,

(3) apprise the LTO of the confidentiality requirements for any information concerning the physical location of archaeological or historical sites.

(c) If the RPF or Supervised Designee is unable to perform the duties in 14 CCR § 949.2(b), the RPF shall:

(1) explain the reasons in the Emergency Notice, Plan, or as a minor amendment to the Plan,

(2)
(A) meet with the Plan submitter, Timberland owner, or their authorized agent, and review in the field, the items described in 14 CCR § 949.2(b),

(B) if the Plan submitter, Timberland owner, or their authorized agent will not comply with the RPF's or RPF's Supervised Designee's request for a meeting, the RPF shall notify the Director.

(3) except for an Emergency notice, notify the Plan submitter in writing that it is the Plan submitter's responsibility to transfer the information in 14 CCR § 949.2(b) to the LTO per 14 CCR § 1035(h),

(4) notify the Director in writing.

(d) The LTO shall not conduct Timber Operations within the boundaries of any archaeological or historical site identified in the CAA unless such operations are described in the CAA and made part of the Plan approved by the Director.

(e) In the event that the CAA authorizes limited Timber Operations within the boundaries of archaeological or historical sites identified in the Plan, the LTO and the RPF, if so stated in the Plan, shall be responsible for ensuring that specific protection measures and Timber Operations are conducted in the manner described in the CAA.

1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading, repealer and new section, and amendment of NOTE filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of section heading and subsections (b), (c) and (c)(2) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of section heading and subsections (c), (c)(2) and (c)(3) and new subsections (d)-(e) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
5. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21001, 21060.5, 21083.2 and 21084.1, Public Resources Code.

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